Legal Issues of A Surrogacy Contract Based on Iranian Acts

Assistive technologies have always opened new horizons in human’s life, posed solutions to problems and brought relief and prosperity for human beings. Iranian judicial authorities have recently recognized the importance of medical technologies. Accordingly, Iranian legal system has recognized surrogacy and a surrogacy contract seems unavoidable for surrogacy to be legally valid, socially acceptable and religiously legitimate. As a legal defense of including a typical surrogacy contract in contract law, this review studies the four building blocks of a valid contract: the intention and consent of parties, their legal capacity, the subject of the contract and its legitimacy. Discussing related Iranian Acts concerning contracts and responsibilities of parties, the authors of the present article deal with main commitments and responsibilities of the parties to a typical surrogacy contract: infertile couples, surrogate, fertility clinic or medical institute, and surrogate’s husband. The authors conclude that a surrogacy contract is accepted based on article 10 of Iranian Civil Act 1928, pose some suggestions to be included in such a contract, and emphasize that a specific Act concerning surrogacy should be approved to cover rights and legal needs of all parties to a surrogacy contract.